Injunction

The injunction is an equitable remedy that originated in the English courts of equity to provide redress for wrongs for which an award of money damages doesn’t quite scratch the itch. An injunction can be given only when there is "no adequate remedy at law." So, “M’lud I don’t want money. I want him to stop doing what he’s doing, that he promised he wouldn't.” Obvious examples where this principal is fairly self-evidently so are confidentiality obligations.

The common conception, at least among the draughtspeople of confidentiality agreements, is that counterparties who expressly acknowledge that their contractual obligations are not of the type where damages are necessarily an adequate remedy improve a litigant’s odds of winning an injunction later. It is common see confidentiality agreements to just that.

See also

• Remedies in the context of our lovely Confi Anatomy